Original Local Constitution

Below is the original version of our local constitution. It was drafted and reviewed by the local steering committee: Debbie Ceder, Michele Crawford, Jeremy Janes, Joanne Murray, Catherine Salzgeber, and Erica Scranton, and then reviewed by the statewide constitution panel to ensure compliance with the statewide constitution. The final draft was submitted to the membership for ratification vote, and on July 28, 2000 it became the first local CUE constitution ratified in the entire state. It was subsequently amended by the Local #1 membership on May 20, 2004. Adopted July 28, 2000

Article 1: Name

The name of this organization shall be the Coalition of University Employees (CUE), Santa Barbara chapter.

Article 2: Objectives

The objectives of this organization shall be to represent its members in all conditions of their employment and to provide a democratic process by which this purpose can be accomplished. Additionally, this union shall give assistance and encouragement to employees in organizing for the purpose of collective bargaining to secure better wages and working conditions for all represented clericals while also facilitating members' direct participation in decisions that affect their working lives.

Article 3: Membership and Eligibility

Membership in CUE is open to all current employees in the clerical and allied services bargaining unit at the University of California, Santa Barbara. Currency of employment includes employees on layoff status, on furlough, on approved leaves of absence, and waiting for grievance resolution. No person otherwise eligible for membership in CUE shall be denied membership because of race, religion, gender, age, national origin, sexual preference, or political belief. Members shall have the right to full participation in the decision-making processes of the union, and to all pertinent information needed for the exercise of this right. It is the responsibility of the member to provide the union with the necessary contact information to be able to keep the member adequately informed on a timely basis. Only dues-paying members shall be allowed to vote and hold office.

Article 4: Dues

Membership procedures, the amount of dues, and procedures for collecting dues are those established in the constitution of statewide CUE.

Article 5: Officers, Nominations and Elections

1. The officers of this local shall be a President, a Vice President, a recording Secretary, a Treasurer, and three Executive Committee members; these seven shall constitute the local Executive Board. All officers shall be elected for a term of 2 years. The President, Secretary and one Executive Committee member shall be elected in odd-numbered years. The Vice President, Treasurer, and two Executive Committee members shall be elected in even-numbered years.

2. Nominations for all officers shall be made at a regular meeting of the local, or via postal or electronic mail. At least fifteen days advance notice shall be given the membership prior to the closure of nominations. A nominating committee may be appointed or elected to make nominations, but whether or not such a nominating committee is used, nominations shall be permitted from the floor at the nominations meeting or from the general membership via either postal or electronic mail.

3. No member may be nominated for more than one position, and a nominee is required to indicate at the conclusion of nominations for the specific position whether she/he accepts or declines the nomination. A local Executive Board member whose term has not expired may accept a nomination and, if not elected, shall retain her/his current position. If elected, her/his previous position shall be filled by appointment on an interim basis by the local Executive Board until the next regular or special meeting.

4. To be eligible for office, a member must be in good standing for at least six months immediately preceding the election.

5. Officers shall be elected by secret ballot vote. Balloting shall be conducted in such a way as to afford to all members a reasonable opportunity to vote, and shall be conducted by the Election Committee comprised of at least three volunteers, or if no volunteers step forward, selected by the President and confirmed by the local Executive Board. At least fifteen days' notice shall be given the membership prior to the holding of the election.

6. The Election Committee shall conduct and supervise all elections; it shall pass on the rights of members presenting themselves to vote if such right is challenged, and shall keep records of the members voting. The Committee shall count and canvass the vote in the presence of all candidates or their designee desiring to be present at such canvass, and shall keep proper tallies of the count. The votes cast for candidates shall be counted immediately after the close of the polls and shall be reported to the membership if still in session or to the local Executive Board who shall be required to meet within 72 hours to certify the vote. No member of the Election Committee may be a candidate for office. No candidate for office shall have access to the ballots prior to or during the election.

7. Voting by proxy shall not be permitted. No nominating speech may exceed two minutes at a regular or special meeting. Prior to the election, any announced candidate shall have the right to mail campaign literature, one time only, through the union office but at private expense. All election records, including ballots, shall be retained by the local for at least one year after the election. Any protest concerning the election must be filed in writing with the chairperson of the Election Committee within 10 days following the election. Such protest shall be decided by the Local Board within 30 days after filing of the protest.

8. Upon completion of the voting, the ballots shall be tabulated and the candidate for each office receiving the highest number of the votes cast for that office shall be declared elected. Write-in candidates shall not be allowed. Voting for fewer than the number of vacancies in the position shall be allowed. To be valid, a ballot must show no more votes for each office than there are vacancies.

9. When there is only one nominee for an office, it is required that an alternate choice through the process of a no vote be afforded members voting. Should the no vote receive the highest number of votes cast, the elected local Executive Board shall fill the position until a special election could be called. The previous nominee would not be eligible for appointment.

10. Those elected shall be installed in office immediately upon the Election Committee's report of the election and upon signing and affirming the following:

I do hereby sincerely pledge and promise that I will perform faithfully and with honor the duties of my office as prescribed by the constitution of the Coalition of University Employees (CUE), Santa Barbara chapter, and that I will deliver to my successor in office all books and papers and other property of this union which are in my possession at the close of my official term.

11. Arrangements for special elections to fill vacancies on the local Executive Board shall be made by the remaining local Executive Board members, in consultation with other members present, at the local's next regular meeting.

Article 6: Duties of Officers and Executive Board

1. The President of the local is the chief executive member of this union, charged with administering the affairs and executing the policies of the union as determined by the general membership and the local Executive Board. The President shall preside at all meetings of the general membership and of the local Executive Board. He or she shall report periodically to the membership regarding the progress and standing of the local and his/her official acts. The President shall be an ex-officio member of all committees. He or she may co-sign checks.

2. The Vice-President shall assist the President in the work of his/her office and shall perform the duties of the President in the President's absence. He or she may also co-sign checks.

3. The recording Secretary shall be responsible for recording, publishing and distributing the minutes of all meetings of the general membership and of the local Executive Board.

4. The Treasurer shall receive and receipt all monies of the local union which are to be handled at the local level. He or she shall deposit all money so received in the name of the local union in a bank or banks selected by the local Executive Board. Money so deposited shall be withdrawn only by countersigned check. Officers with signatory power shall be the President, Vice President, and the Treasurer. The Treasurer shall prepare checks, or otherwise transfer funds, for such purposes as are required by the constitution or are authorized by the local Executive Board. He or she shall keep an accurate record of receipts and disbursements and shall, once each month or as directed by the local Executive Board, submit to the membership any operating statement of the financial transactions of the local since the preceding report. He or she shall act as the custodian of all properties of the local union. He or she shall, at the expense of the local union, give a surety bond for an amount to be fixed by the local Executive Board of the local union.

5. The Executive Committee Members shall be responsible for keeping in touch with the jurisdiction and shall bring knowledge of the members' positions to the local and statewide Executive Boards. These three Executive Committee Members shall be the official Santa Barbara representatives on the statewide Executive Board having voting privileges on all statewide matters. They are also official representatives on the local Executive Board. Executive Committee Members shall make regular reports of all statewide Executive Board meetings to the local Executive Board.

6. All matters affecting the policies, aims, and means of accomplishing the purposes of the local not specifically provided for in this constitution or by action of the membership at a regular or special meeting shall be decided by the local Executive Board. The local Executive Board shall be authorized to hire counsel, agents and employees as are necessary to assist in the mission of the union. The local Executive Board shall meet at the call of the President or of a majority of its members. A report on all actions taken by the local Executive Board shall be made to the membership at the next meeting, or by postal or electronic mail. A majority of the membership of the local Executive Board shall be required for a quorum.

Article 7: Committees

1. Standing committees shall be established, as needed, by the local Executive Board, subject to the approval of the general membership at a regular or special meeting or through postal or electronic polling in conformity with Article 5. The chairpersons of standing committees shall be ex-officio non-voting members of the local Executive Board.

2. The grievance committee shall be a standing committee. It shall be notified of all grievances and shall be composed of not less than three members.

3. The Election Committee shall administer elections. The conduct of elections shall be in conformity with the constitution of the statewide CUE.

Article 8: Meetings

1. An annual meeting of the general membership shall be held. Notice of the annual general membership meeting shall be sent to members at least 21 days prior to the meeting.

2. Special meetings of the general membership may be called by the local Executive Board and must be called upon the written request of 10 percent of the membership. Notice of these special meetings shall be sent to members prior to the meeting and specifically state the purpose, time and place. In addition, individual members may petition the local Executive Board for special meetings to address specific issues.

3. The local Executive Board shall hold a regularly scheduled monthly meeting. Special meetings of the local Executive Board shall be held at the request of the President or majority of the local Executive Board. Interested members of the local may attend the local Executive Board meetings unless personnel matters are to be discussed that require a closed meeting.

Article 9: Referenda

Referenda may be initiated by vote of a general membership meeting or by the local Executive Board. Referenda may also be initiated by petition of 20% of those members in good standing provided that the motion has first been introduced and the intention to call a referendum declared at a general membership meeting or by postal or electronic mail to the whole membership. Provision shall be made for argumentation representing different points of view to accompany referenda. Implementation of a motion introduced by referendum shall require a majority of the members voting by postal or electronic mail.

Article 10: Miscellaneous provisions

1. The Santa Barbara chapter of CUE shall at all times be subject to the provisions of the constitution of the statewide CUE. The provisions of statewide CUE's constitution govern the Santa Barbara local for all matters not specifically addressed in this constitution.

2. Except to the extent specified in this constitution, no officer of the local union shall have the power to act as agent for or otherwise bind the local union in any way whatsoever. No member or group of members or other person or persons shall have the power to act on behalf of or otherwise bind the local union except to the extent specifically authorized in writing by the President of the local union or by the local Executive Board.

3. The local Executive Board can establish procedures whereby electronic mail or other technologies can be utilized to carry out the business of the local union as specified in this constitution. Members who do not have access or choose not to use electronic mail or other technologies have the right to be informed of union business and to be given the opportunity for timely participation in union decision making and elections, but it is the responsibility of the member to notify the union of accurate contact information.

4. The Executive Board of the local is authorized to make endorsements, join coalitions, and work with other unions and other organizations to accomplish the objectives of the local. Whenever possible, such endorsements and actions shall be made in concert with the general membership. All endorsements, affiliations and actions made by the local Executive Board must be reported to the general membership, and are subject to approval.

5. Robert's Rules of Order, latest edition, shall be the guide in all cases to which they are applicable and in which they are not inconsistent with the local's constitution or with any legally adopted special rules of the Coalition of University Employees.

Article 11: Amendments

This constitution may be amended, revised, or otherwise changed only by a vote of two-thirds of the members voting on such proposed change. Proposed amendments to this constitution may be initiated by vote of a general membership meeting or by the local Executive Board. Proposed amendments to this constitution may also be initiated by petition of 20% of those members in good standing provided that the motion has first been introduced and the intention to call for a vote declared at a general membership meeting or by postal or electronic mail to the whole membership, fifteen days written notice having been given to the membership prior to the date on which the vote is taken. A written copy of the proposed amendment shall be furnished to each eligible voter prior to the date on which the vote is taken. Provision shall be made for argumentation representing different points of view to accompany proposed amendments. Implementation of a proposed constitutional amendment shall require a majority of the members voting by postal or electronic mail.